Appeals Court: No emergency review to release Hutaree

Source: Det News

Paul Egan / The Detroit News
A federal appeals court says an "en banc review" is not available for a three-judge panel's order to keep nine Hutaree militia defendants behind bars pending a government appeal of an order to release them.

The clerk of the U.S. 6th Circuit Court of Appeals removed from the docket an emergency request defense lawyers made Wednesday for a review of the panel's order by all the judges of the 6th Circuit. That's known as an "en banc" review.

But in a docket entry made late Wednesday, the court said that type of review is not available for an order extending the stay imposed on U.S. District Judge Victoria A. Roberts' release order for the Hutaree defendants. Instead, defense lawyers were instructed to ask for a rehearing of the issue by the same three-judge panel.



From The Detroit News: http://www.detnews.com/article/20100513/METRO/5130479/1361/Appeals-Court--No-emergency-review-to-release-Hutaree#ixzz0npGaySKZ


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